::1:: APHC010282662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14353/2025 Between: 1. AVULA SUBBA LAKSHMI, W/0 LATE AVULA SUBBA REDDY, AGED 80 YEARS, R/0 BESIDE SAL BABA TEMPLE, CHINNA ANNALURU VILLAGE, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH-524224 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHYATH RAJ AND RURAL DEVELOPMENT, A.P. SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, PSR NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 5. THE STATION HOUSE OFFICER, KALIGIRI POLICE STATION, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 6. THE CHINNA ANNALURUGRAM PANCHYATHY, EP BY ITS SECRETARY,KALIGIRI MANDAL SPSR NELLORE DISTRICT ANDHRA PRADESH. 7. SMT AVULA VIJAYA LAKSHMI, D/0 VENKATA KRISHNA REDDY, AGED 24 YEARS, STUDENT, R/0 CHINA ANNALURU VILLAGE AND POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 8. SMT AVULA SHARMILA, D/0 VENKATA KRISHNA REDDY, AGED 22 YEARS, STUDENT, R/0 CHINA ANNALURU 2 VILLAGE AND POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): This Court made the following ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “ to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring theaction of 5th and ethrespondent authorities in making efforts to dispossess the petitioner from her land admeasuring an extent of Ac. 4.10 cents in Survey No. 400/A and an extent of Ac. 4.90 cents in Survey No. 467-3 situated at China Annaluru Village, Kaligiri Mandal, SPSR Nellore District, Andhra Pradesh during the pendency of the OS. 164/2025 before the Honble Principal Civil Judge(Junior Division) At Kavali, without following procedure established by the law as illegal, arbitrary and violation of principles of natural justice and the act of authorities is against the principle laid down by the Honble Apex court in the case of Rame Gowda V/s M Varadappa Naidu Citation 2003 LawSuit(SC) 1248and consequently direct the respondents not to dispossess the petitioner from the subject property situated of an extent of Ac. 4.10 cents in Survey No. 400/A and an extent of Ac. 4.90 cents in Survey No. 467- 3situated at China Annaluru Village, Kaligiri Mandal, SPSR Nellore District, Andhra Pradesh during the pendency of the OS. 164/2025 before the Honble Principal Civil Judge(Junior Division) At Kavali, except due process of law and to pass 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 5, the learned Standing counsel for the respondent No.6. 3 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject land admeasuring to an extent of Ac.4.90 cents in Survey No. 467-3, situated at China Annaluru Village, Kaligiri Mandal, SPSR Nellore District, having acquired the same from her husband, being his only legally wedded wife, after his demise. The petitioner’s name was mutated in the revenue records, and Pattadar Passbook and title deeds were also issued in her favour. He further submits that there is a civil dispute between the petitioner and respondent Nos. 7 and 8 (i.e., the petitioner’s son’s daughters) regarding the title and possession of the subject property. The respondent Nos. 7 and 8 have instituted a suit in O.S. No. 164 of 2025 before the Principal Civil Judge, Kavali, seeking for a permanent injunction against the petitioner in respect of the subject property, and the same is pending for consideration. Despite the pendency of the said civil dispute, the official respondents, at the instance of respondent Nos. 7 and 8, are trying to dispossess the petitioner from the subject property. Hence, the present writ petition. 4. On the other hand, the learned Assistant Government Pleader for respondent Nos. 1 to 5 and the learned Standing Counsel for respondent No. 6 submit that, in view of the civil dispute between the petitioner and respondent Nos. 7 and 8, and the pendency of civil 4 proceedings before the court below, the official respondents are not trying to dispossess the petitioner from the subject property. They further submit that if the official respondents intend to interfere with the peaceful possession and enjoyment of the subject property, they will follow the due procedure as contemplated under law. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue and Home, the learned Standing counsel for Gram Panchayat appearing for the respondents and on perusal of the material placed on record, it is clearly and categorically admitted by the respondents that they are not interfering with the peaceful possession and enjoyment of the subject property of the petitioner. It is further submitted that the civil proceedings are pending between the parties before the court below. 8. In view of the clear and categorical statement made by the respondents, the allegation made by the petitioner that the respondents are trying to dispossess the petitioner from the subject property at the behest of the 7th and 8th respondents is contrary to the facts on record and it is only mere appropriation. However, if the official respondents intend to interfere with the peaceful possession 5 and enjoyment of the subject property of the petitioner, they shall follow the due procedure as contemplated under law. 9. With the above observation, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 16.07.2025 klk 6 35 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.14353 of 2025 16.07.2025 klk